Wisconsin Legislature: Text

This rule allows for greater use of laboratory testing in lieu of traditional post-harvest testing. Under this rule, the college may certify a “lot" of seed potatoes that passes field and harvest inspection, regardless of any post-harvest testing, if laboratory testing by the college shows that the “lot" meets the post-harvest test standards in Table 2.

Variance Allowed by the College

Under this rule, the college may certify a “lot" of seed potatoes that fails to comply with applicable tolerances in Table 1 or Table 2, if the college documents all of the following:

• Special conditions justify the certification, and there is a reasonable likelihood that the next generation of seed potatoes grown from the non-complying lot will meet applicable tolerances.

• No bacterial ring rot has been found in the lot.

• The certification will not jeopardize seed potato quality, or pose a significant risk of harm to the potato industry or consumers.

• The certified seed potatoes will not be planted on any farm other than the farm where they are produced.

Classifying Certified Seed Potatoes

Under current rules and this rule, the college gives each “lot" of certified seed potatoes a classification number based on generation (with each year of field planting the classification drops one level, reflecting increased disease risk). Under current rules, seed potatoes may be certified for 5 generations (4 generations as “foundation" seed), except that “Elite" seed potatoes produced by the college may be certified for up to 7 generations (6 generations as “foundation" seed).

This rule allows certification for up to 7 generations (6 generations as “foundation" seed), and eliminates the separate classification of “Elite" seed. This will make Wisconsin's classification system more consistent with the system in other states. The new classification system is shown below (FY1 is the highest classification):

Under this rule, the college may authorize a seed potato grower to use experimental propagative material from a breeding farm. This makes it possible for growers to experiment with new varieties. However, seed potatoes grown from the experimental material may be certified for only 3 generations (“Ex5 Foundation," “Ex6 Foundation" and “Certified"), not 7 generations.

Table 3
Classification

Year of Field Propagation on Seed Potato Farm (Generation)	Standard Classification	Experimental* Classification
1	FY1 Foundation	Ex5 Foundation
2	FY2 Foundation	Ex6 Foundation
3	FY3 Foundation	Certified**
4	FY4 Foundation
5	FY5 Foundation
6	FY6 Foundation
7	Certified**

* Applies to lines of seed potatoes grown from experimental field-grown propagative material from recognized breeding programs.

** “Certified" (non-foundation) class seed may not be replanted to produce other certified seed potatoes, but may be used to produce commercial potatoes or uncertified seed potatoes.

Under this rule, “foundation" seed potatoes certified by another state have the same classification assigned by that state, provided that the other state certifies seed potatoes under standards equivalent to the standards in this rule. If the other state does not provide field year information, the seed will be classified as FY5.

Once for each line of certified seed potatoes, the college may renew a classification by doing one of the following (contrary to the normal classification progression):

• The college may classify, as “FY5" rather than “certified," certified seed potatoes produced from seed potatoes classified as “FY6."

• The college may classify, as “Ex5" rather than “certified," certified seed potatoes produced from seed potatoes classified as “Ex6."

A seed potato grower seeking such a renewal must show that the seed potatoes meet the standards for the renewed classification. The college may require verification in the form of laboratory testing. “Tuber unit planting" is no longer required, in order to qualify for a renewal classification, because most seed potato growers no longer have the necessary equipment.

Approved Laboratories and Greenhouses

Historically, the college has provided disease-free propagative material used to grow lines of certified seed potatoes in this state. But in recent years, there has been increased demand for new potato varieties, often from out-of-state sources.

This rule expands the sources from which a seed potato grower may obtain propagative material used to start a line of certified seed potatoes. However, this rule includes safeguards to prevent the introduction of disease, and to maintain the credibility of the certification process.

This rule allows a seed potato grower to obtain propagative material from, among other places, a laboratory or greenhouse approved by the college. “Propagative material" may include tissue culture plantlets, microtubers, minitubers or tubers that are produced under rigorous laboratory or greenhouse conditions to ensure that they are free of disease.

The college may approve a laboratory or greenhouse in this state if all of the following apply:

• The college inspects the laboratory or greenhouse before granting approval, and at least annually after granting approval. The college must also inspect minitubers, if any, produced by a greenhouse.

• The laboratory or greenhouse uses testing, propagation, isolation and sanitation procedures equivalent to those used by the college.

• The laboratory or greenhouse operator does all of the following:

• Applies to the college for approval, and provides information reasonably required by the college for purposes of evaluation and approval.

• Agrees to pay the college's reasonable costs to inspect, evaluate and approve the laboratory or greenhouse.

• Keeps complete records of laboratory or greenhouse operations, and of propagative material produced by the laboratory or greenhouse. The operator must make the records available to the college upon request.

• Labels propagative material as directed by the college, consistent with this rule.

The college may approve a laboratory or greenhouse in another state if the seed potato certification agency in the other state approves that laboratory or greenhouse for the same purpose, using standards and procedures that are equivalent to the standards and procedures that the college uses to approve in-state laboratories and greenhouses under this rule.

Storing, Shipping and Handling Certified Seed Potatoes

This rule spells out basic standards for storing, shipping and handling certified seed potatoes, to prevent disease contamination. This rule modernizes current standards. For example, this rule eliminates the current requirement that “foundation" seed potatoes be shipped in bags (it allows bulk shipments) and addresses shipment in totes. This rule also eliminates the current requirement that bags or trucks be sealed with a metal seal.

Misrepresentation

Under this rule, no person may do any of the following:

• Sell or represent potatoes as certified seed potatoes unless they are certified, graded and labeled under this rule, or by another state under standards equivalent to those in this rule.

• Sell or represent potatoes as Wisconsin certified seed potatoes unless they are certified by the college and graded by DATCP under this rule.

• Misrepresent the terms, conditions or basis for any seed potato certification.

The college may withdraw certification if a seed potato seller misrepresents the terms of the certification. DATCP may also prosecute fraudulent misrepresentations in court. Buyers who suffer monetary loss because of fraudulent misrepresentations have a private remedy for double damages, court costs and attorney fees.

Review of College Actions

Current rules provide no mechanism by which a seed potato grower may seek review of an adverse certification decision by the college. Under this rule, a seed potato grower may request an informal meeting with the college to review an adverse decision. The college must hold the informal meeting within 30 days, unless the requester agrees to a later date. The meeting may be held by telephone.

If the matter is not resolved after the informal meeting with the college, the seed potato grower may request a contested case hearing before DATCP. DATCP may reverse, modify or remand a decision of the college if DATCP finds that the decision is contrary to this rule. However, DATCP may not reverse, modify or remand a matter that this rule leaves to the discretion of the college.

Seed Potato Grading by DATCP

This rule clarifies, but does not substantially alter, the standards for DATCP grading of seed potatoes certified by the college. This rule prohibits misrepresentations of grade. This rule describes the current mechanism by which a person adversely affected by a DATCP grading decision may request a contested case hearing.

Fiscal Estimate

This rule will not have a significant fiscal impact on DATCP or the college. This rule will not affect local units of government. A complete fiscal estimate is attached.

Business Impact

This rule applies to seed potato growers who wish to produce and sell certified seed potatoes (participation is voluntary, and there is nothing to prohibit sales of uncertified seed potatoes). It also applies to laboratories and greenhouses that provide propagative material used to grow certified seed potatoes. Many of these businesses may qualify as “small businesses."

This rule does not apply to any of the following:

• Producers who grow potatoes only for consumption, and not for seed.

• Producers who grow potatoes for seed, but do not wish to have their seed potatoes certified and graded (participation is voluntary).

• Home gardens.

This rule will assist the Wisconsin potato industry, including seed potato growers. This rule is not expected to have any significant adverse impact on seed potato growers or other sectors of the Wisconsin potato industry. Participation is voluntary.

This rule modernizes Wisconsin's certified seed potato rule to address changing industry practices and standards. Among other things, this rule:

• Clarifies current certification standards and procedures.

• Allows seed potato growers to obtain propagative material from a wider array of sources. This will help satisfy emerging demands for rapid introduction of new potato varieties, often from out-of-state sources. This rule includes safeguards to ensure that seed potatoes from these sources are not diseased. Laboratories and greenhouses producing propagative material must be approved by the college, and the college must pre-approve propagative material before growers in this state plant the propagative material to produce certified seed potatoes.

• Provides for more targeted response to findings of bacterial ring rot. This rule provides continued strong protection against bacterial ring rot, but reduces the threat of devastating business losses to seed potato growers.

• Updates current disease tolerances, to reflect current interstate and international standards. The college may also grant written variances for individual lots if special conditions justify the variance, and if the college finds that the variance does not create a risk of harm to other potato producers, to the potato industry, or to consumers.

• Provides for certification reciprocity between states. Seed potatoes certified in another state may be sold as certified seed potatoes in Wisconsin, provided that the other state reciprocates, and provided that the other state applies certification standards and procedures that are equivalent to those applied in Wisconsin. Seed potatoes certified in another state may not be represented as Wisconsin certified seed potatoes, and must be labeled to show certification in another state.

• Modernizes requirements for certified seed potato labeling, shipping and handling.

• Provides a mechanism by which a seed potato grower may obtain informal and formal review of an adverse certification decision by the college.

• Prohibits fraudulent sales of uncertified seed as certified seed.

This rule makes minor changes related to certification application, certification procedure, recordkeeping, and certified seed potato handling and labeling. However, none of these changes will have a significant adverse impact on potato growers.

Because this rule has no significant adverse impact on small business, it is not subject to the delayed small business effective date provided in s. ATCP 227.22(2)(e), Stats. DATCP has not incorporated a small business enforcement policy in this rule, pursuant to 2003 Wis. Act 145, because participation in the seed potato certification program is voluntary. DATCP has proposed a separate rule related to the exercise of enforcement discretion under all of its rules.

Environmental Impact

This rule will have no significant environmental impact, compared to current rules. This rule, like the current rules, will help to prevent the introduction and spread of serious potato diseases in this state. No environmental impact statement is required.

Federal Programs

There are no comparable federal programs related to the certification of seed potatoes. The United States department of agriculture, animal and plant health inspection service, is currently developing a proposed memorandum of understanding with states to standardize seed potato certification between states, and to ensure that certification meets minimum standards. This rule is consistent with the proposed memorandum of understanding.

Surrounding State Programs

Michigan. Michigan recently changed its seed potato certification rules. The changes make the Michigan rules more consistent with Wisconsin rules. Conversely, this rule will also make Wisconsin rules more consistent with Michigan rules. For example:

• Michigan's rule allows variances from certification standards for good cause (such as a statewide shortage of certified seed potatoes). This rule will allow the college to grant similar variances.

• Michigan's rule has a zero tolerance for potato spindle tuber. This rule also specifies a zero tolerance for spindle tuber.

• Michigan's rule does not require certified “foundation" seed to be shipped in bags (it allows bulk shipments). This rule also allows bulk shipments, and eliminates the current bagging requirement in Wisconsin.

Minnesota. Minnesota's seed potato certification rule is similar to Wisconsin's. But unlike Wisconsin, Minnesota also restricts the planting of uncertified seed potatoes. The Minnesota rules prohibit a person from planting more than 10 acres of uncertified seed potatoes unless those seed potatoes have passed a field inspection. The field inspection must show compliance with disease standards similar to those that apply to certified seed potatoes (among other things, the potatoes must be free of ring rot).

This rule will make Wisconsin rules more consistent, in certain areas, with Minnesota rules. For example:

• Minnesota's rule allows variances from certification standards for good cause (such as a statewide shortage of certified seed potatoes). This rule will allow the college to grant similar variances.

• Minnesota's rule has a zero tolerance for potato spindle tuber. This rule also specifies a zero tolerance for spindle tuber.

• Minnesota's rule does not require certified “foundation" seed to be shipped in bags (it allows bulk shipments). This rule also allows bulk shipments, and eliminates the current bagging requirement in Wisconsin.

• Minnesota's rule provides for a more targeted response to bacterial ring rot findings. This rule adopts a similar approach in Wisconsin.

• Minnesota's rule allows growers to apply for certification of protected varieties, if they have permission to grow those varieties (the rule does not otherwise regulate the planting of protected varieties). This rule takes a similar approach.

Indiana, Illinois & Iowa. Indiana, Illinois and Iowa do not produce seed potatoes and do not have seed potato certification rules.

DATCP and UW Contacts

Questions and comments related to this rule may be directed to the following persons:

Comments for the Hearing Record:

Department of Agriculture, Trade and Consumer
Protection
P. O. Box 8911, Madison, WI 53708-8911
Attn: Kevin LeRoy
Telephone: (608) 224-4928
E-mail: Kevin.Leroy@datcp.state.wi.us